Construction Outlook January 2020

JAN | 2020

Releases FY19 Top 10 Violations List

Jeff Mahoney Named UCANE Executive Director

• UPDATE: OSHA’s Revised National Emphasis Program on Trenching and E xcavation • FY20 A ppropriations Bills Include K ey Funding For EPA’s SRF Programs

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President-Elect RYAN McCOURT

McCourt Construction Company

Treasurer BRIAN COONEY

C. C.Construction Inc.

Secretary CHRIS VALENTI

GVC Construction, Inc.

BOARD OF DIRECTORS VINCENT BARLETTA

Barletta Heavy Division

NICK BIELLO

J. D’Amico, Inc.

MIKE BISZKO, III

Biszko Contracting Corp.

ANDREW DANIELS J. Derenzo Co.

GEORGE DeFELICE

DeFelice Corporation

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

JOE GIOIOSO

P. Gioioso & Sons, Inc.

DAN HORGAN

R. H. White Const. Co., Inc.

LISA FRENCH KELLEY

W. L. French Excavating Corp.

BILL LEONARD

Aqua Line Utility, Inc.

JOHN OUR

Robert B. Our Co., Inc.

QUERINO PACELLA

RJV Construction Corp.

RICHARD PACELLA, JR. R. M. Pacella, Inc.

BRIAN RAWSTON

Jay Cashman, Inc.

FRED ROGERS

Scrap-It, Inc./Minichiello Bros., Inc.

ERIK SVEDEN Milton CAT

JORDAN TIRONE

DeSanctis Insurance Agency, Inc.

DAVID WALSH

Pawtucket Hot Mix Asphalt

JEFF MAHONEY

Executive Director

JANUARY, 2020

IN THIS ISSUE

5 President’s Message:

As UCANE Enters a New Decade, the Mission Remains the Same

7 Legislative Update:

• Legislature Closes FY19 with Supplemental Budget; Includes Water Infrastructure Funding • States Lay Out TCI Framework; Details About Increases in Actual Fuel Prices Still to Follow • EPA Reaches Negotiated Settlements Regarding MS4 Water Permits in Massachusetts and New Hampshire

15 In Memoriam:

Giuseppe “Joe” DiPietro, Celco Construction Corp.

17 UCANE’s 9th Annual Appreciation Night Trade Show 19 Under the Hard Hat:

UCANE Board Member Lisa French Kelley, W. L. French Excavating Corp.

23 Massachusetts Delegation Unveils Bill to Help Communities in Massachusetts and Around the Country Struggling with Water Infrastructure Costs 29 Jeff Mahoney Named UCANE Executive Director 31 UCANE Participates in Clean Water Construction Coalition Business Meeting 33 In Memoriam: Anthony Amorello, A. F. Amorello & Sons, Inc.

35 FY20 Appropriations Bills Include Key Funding For EPA’s SRF Programs 37 Safety Corner: New Year’s Resolution = Goals

40 OSHA Releases FY19 Top 10 Violations List 43 UPDATE: OSHA’s Revised National Emphasis Program on Trenching and Excavation 47 2020 Scholarship Applications Now Available 49 Insurance Perspective: Indemnity Agreements for Surety Bonds

53 Spotlight on Cape Cod:

Wastewater Costs Driving Capital Plan Debt Exclusion Requests

55 UCANE Welcomes New Members 57 How to Address Mental Health in Construction 61 Cause Day™ 63 5 Tips for Retention that Benefit the Worker & the Work Environment Editor: Jeff Mahoney, Associate Editor: Suzanne Hatch, Magazine Designer/Assistant Editor: Sherri Klayman Construction Outlook Chair: Marcella Albanese Editorial Board: Marcella Albanese, Ryan McCourt, Brian Cooney, & Chris Valenti CONSTRUCTION OUTLOOK published monthly by the Utility Contractors’ Association of New England, Inc., 300 Congress Street, Suite 101, Quincy, MA 02169; Tel: 617.471.9955; Fax: 617.471.8939; Email: aklayman@ucane.com; Website: www.ucane.com. Statements of fact and opinion are those of the authors alone and not necessarily those of UCANE and the Construction Outlook editorial board and staff. Subscriptions are included in dues payments for UCANE members. Presorted Standard postage paid at Brockton, MA. POSTMASTER, please send form #3579 to Construction Outlook, Crown Colony Office Park, 300 Congress Street, Suite 101, Quincy, MA 02169.

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As UCANE Enters a New Decade, the Mission Remains the Same

I am truly honored to serve as UCANE President this year as a new decade begins. First, I would like to take this opportunity to thank our membership for their vote and support.

M

y family has been involved with UCANE for many years and it has been a rewarding experience for me to serve on the Board of Directors, and later move up to Secretary, Treasurer, President-Elect, and now to take the next step as President and to have the opportunity to continue the progress made by our former Presidents.

I would especially like to thank our immediate Past President, Richard Pacella, Jr., for his leadership and commitment to UCANE over the past two years. I look forward to continuing to work with Rich and hope to emulate his tireless advocacy for our industry. I will continue to make water infrastructure funding a top priority and hope to continue the successful efforts for additional funding, like those who came before me.

UCANE has led the effort for supplemental appropriations of close to $20 million for the Clean Water Trust, which is the main source of funding for water infrastructure in the Commonwealth. At the federal level, the work of the Clean Water Construction Coalition (CWCC), of which UCANE is a founding member, has led to an increased authorized appropriation level for both the Clean Water and Drinking Water State Revolving Fund Programs (SRF).

We will continue to meet and work with state legislators, Governor Baker, Lt. Governor Polito, our congressional delegation, and other stakeholders to strongly advocate for additional investment in water infrastructure funding to address our state’s $18 billion to $21 billion funding gap.

We will also continue to work to defeat and mitigate the impact of legislative and regulatory proposals that would create overly burdensome regulations and negatively affect our members’ businesses.

Any additional funding is not useful unless more projects are ultimately put out to bid. So we will also continue to partner with our municipal officials and other stakeholdJANUARY, 2020

ers to ensure these much needed projects come to fruition. We cannot continue to fall further behind in updating our aging water infrastructure, and the current ban-daid approach will only cost the taxpayer more, hinder our future economic growth, and put the health and well-being of our citizens at risk.

We will also work to continue to address workforce development. The shortage of qualified workers in our industry has increasingly become a problem. We will work with Vocational-Technical Schools and other educational institutions to help develop future employees. I am proud to be UCANE’s first woman to serve as President, and I am particularly interested in getting more women to enter, work, and take leadership roles in our industry.

Working with UCANE’s staff is essential for any UCANE President. As many of you know, Jeff Mahoney recently was appointed Executive Director, succeeding Anne Klayman after her nearly 40 years in that role.

There is not enough space in this magazine to begin to thank Anne for what she has done for UCANE and fostering its growth and development into the respected Association it is today. The good news is that Anne isn’t going anywhere. She will remain with the Association and partner with Jeff to continue supporting our efforts going forward. I am looking forward to working with her, Jeff and the entire staff.

In conclusion, UCANE’s strength has always been the willingness of its members to get involved. I ask that you contribute in any way you can to our Association, as your support for UCANE and its member companies is vital to our continued success. I would also like to wish you and your families a happy, healthy, and prosperous New Year, and I look forward to working with all of you to make 2020, the first year of a new decade, a successful one! n

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JANUARY, 2020

Mark Molloy, Esq., Tenax Strategies, Inc.

Legislature Closes FY19 with Supplemental Budget; Includes Water Infrastructure Funding

A

s reported by the State House News Service, the Massachusetts legislature passed a supplemental budget to close out FY19 in mid-December. The supplemental budget, also known as a “deficiency budget,” was comprised of $541 million, which was significantly less than previous iterations of the bill that ranged from $723 million to $853 million. Instead of spending more of the surplus, the budget bill deposited $587 million into the state's "rainy day" fund, which now has a balance of approximately $3.45 billion.

As originally filed, Governor Charlie Baker included funding for the Commonwealth’s overall water infrastructure needs, addressed the presence of per- and polyfluoroalkyl substances (PFAS) in certain water supplies, and the discovery of lead in school water fountains. Specifically, the Governor proposed allocating $8.4 million for testing for PFAS in local communities, as well as $20 million for beginning to address the same. The Governor also reiterated his commitment to closing the water infrastructure funding gap by including an additional $35 million for the Clean Water Trust’s contract assistance line-item.

Finally, the Governor indicated his interest in allocating $5 million of previously appropriated funds for addressing lead in schools throughout the Commonwealth. Both the Massachusetts House of Representatives and Massachusetts Senate embraced the same programs in their passage of the legislation.

Unfortunately, the fiscal picture for the upcoming year began to crowd into the supplemental budget deliberations. At a Joint Committee on Ways and Means revenue hearing in December, the Massachusetts Taxpayers Foundation President Eileen McAnneny warned legislators that the state appears poised to return to the slower revenue growth rates of FY16 and FY17, rather than the "super-charged" growth rates of FY18 and FY19. The organization projected a more limited revenue growth rate – 2 percent in FY20 and JANUARY, 2020

2.5 percent in FY21. This type of news, which was reiterated by other economists and revenue focused entities, forced a rejiggering of funding priorities.

As a result, the supplemental budget was scaled back to ensure greater savings in the short term. The new budget appropriated over $4.2 million for PFAS testing and $10.6 million for PFAS remediation programs. It also included $9.05 million for the Clean Water Trust in unfettered funds for addressing the program’s efforts to close the water infrastructure funding gap. Finally, the funding plan included $5 million for the remediation of lead from school drinking water supplies throughout the Commonwealth.

UCANE, as well as other interested organizations, will continue to push for providing more funding to close the Commonwealth’s $18 billion to $21 billion water infrastructure funding gap. In the meantime, UCANE appreciates the work of the House and Senate, as well as the Governor and Lt. Governor in bringing this additional funding to fruition.

To review the final supplemental budget for FY19, please visit: https://malegislature.gov/Laws/SessionLaws/Acts/2019/Chapter142. continued on page 9

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Legislative Update continued from page 7

States Lay Out TCI Framework; Details About Increases in Actual Fuel Prices Still to Follow

A

s reported in a presentation to all interested parties in mid-December, the bipartisan group of Northeast and Mid-Atlantic jurisdictions that make up the Transportation and Climate Initiative (TCI), invited public input on a new draft proposal for a regional program to establish a cap on global warming pollution from transportation fuels and the investment of millions of dollars annually to achieve additional benefits through reduced emissions, cleaner transportation, healthier communities, and more resilient infrastructure.

The draft “Memorandum of Understanding” (MOU) builds on a program framework made public on October 1, 2019. A final MOU is expected in the Spring of 2020, following additional public input and analysis. At that time, each of the 12 TCI states and the District of Columbia will decide whether to sign the final MOU and participate in the regional program, which could be operational by 2022.

The TCI is a regional collaboration of 12 Northeast and Mid-Atlantic states and the District of Columbia that seeks to improve transportation, develop the clean energy economy, and reduce carbon emissions from the transportation sector. The participating states are: Con-

necticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia.

The initiative builds on the region's interest in energy efficiency and clean energy issues, and its programs to reduce carbon emissions in the power sector, which have resulted in the region becoming one of the most energy efficient areas in the nation. Known as the Regional Greenhouse Gas Initiative, many of the same member states turned their attention to transportation fuels. Recognizing that more than one third of all carbon emissions come from the transportation sector, participating states started taking action through working groups focused on regional priorities, such as clean vehicles and fuels. Several TCI states are also now working together to explore potential regional policies to improve transportation systems and reduce pollution.

According to the Georgetown Climate Center, the transportation sector is currently responsible for more than 40% of climate-changing greenhouse gas emissions in the region, and soot and smog from cars and

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Legislative Update continued from page 9 trucks are major contributors to lung disease and other health problems region-wide, particularly in low income communities. According to the TCI presentation, plans to reduce carbon emissions from vehicles by 25% would add an estimated 17 cents to the price of a gallon of gas at the pump starting in 2022. If states elected for a smaller reduction goal of 22%, the cost per gallon, based on the group's modeling, would drop to 9 cents.

The third option presented is for a 20% emission reduction by 2032 at a cost to drivers of 5 cents per gallon.

regionally focused means of increasing transportation revenue. The Massachusetts Senate, which has been cautious given their session long review of the Commonwealth’s tax code overall, acknowledges that more than a TCI revenue stream is likely necessary in the short term.

It is interesting to note that Massachusetts is only one of three states within the TCI that does not require statutory authority to sign a regional pact, such as the one contemplated. The Massachusetts legislature has pointed out that the revenue from a TCI agreement would not necessarily be applied towards transportation needs solely.

The associated auction of pollution allowances under the proposal is projected to generate up to nearly $7 billion annually that participating jurisdictions could invest in solutions to further reduce pollution and to improve transportation choices for rural, urban, and suburban communities.

Each participating jurisdiction will decide how to invest the auction proceeds to support TCI program goals.

With the draft MOU now public, the various TCI jurisdictions are encouraging interested parties to provide their input on the modeling findings and draft MOU to inform the final program design. Feedback is welcomed on all aspects of a potential program. TCI jurisdictions are highlighting specific topics on which public input is of particular interest.

The TCI discussion is occurring as the Massachusetts Legislature and the Governor debate the need for additional transportation financing. The Governor, for his part, has suggested that a combination of reforms in addition to the TCI funding will be sufficient to address the Commonwealth’s transportation funding needs. However, the Massachusetts House of Representatives has pointed out that the TCI will not start generating any revenue until 2022 at the earliest. Accordingly, the House has looked to initiatives, such as a direct fuel tax or more

In developing the TCI draft MOU, over 1,200 submissions to TCI’s online portal, as well as in public engagement sessions organized in individual states, were received. The draft MOU released was based on the input and incorporates additional details on the goals and mechanics of such a program. For more information, please visit: https://www.transportationandclimate. org/main-menu/tcis-regional-policy-design-process2019#Latest%20Updates.

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Legislative Update continued from page 11

EPA Reaches Negotiated Settlements Regarding MS4 Water Permits in Massachusetts and New Hampshire

A

ccording to a press release issued by its office, the United States Environmental Protection Agency (EPA) has reached proposed settlement agreements resulting from two years of negotiated discussions with members of the regulated community and environmental groups, regarding implementation of small Municipal Separate Storm Sewer System (MS4) permits affecting many cities, towns, and other entities in Massachusetts and New Hampshire (the 2016 Massachusetts MS4 General Permit and the 2017 New Hampshire MS4 General Permit).

Under the Clean Water Act, municipalities and other public entities that discharge stormwater into rivers and streams must comply with the MS4 general permit, which is issued by the EPA. Stormwater is the largest contributor of pollutants to impaired rivers, lakes, streams, ponds, and other waters in both states and the MS4 permits represent an important step to reduce the impacts of stormwater on these waterbodies. The MS4 permit requires municipalities to reduce stormwater pollution, by removing illicit sewer connections to storm drains, and taking other steps to reduce the amount of nitrogen, phosphorous, bacteria, and other toxins into storm drains.

By way of background, the EPA’s New England Regional Office issues CWA National Pollutant Discharge Elimination System (NPDES) permits in Massachusetts and New Hampshire. MS4 permits are NPDES permits that authorize certain discharges of municipal stormwater to surface waters. EPA issued the Massachusetts Small MS4 General Permit in 2016 and the New Hampshire Small MS4 General Permit in 2017. These permits replaced a single

MS4 permit that EPA issued in 2003, which covered municipal stormwater discharges in both states for municipalities subject to the permit. The 2016 and 2017 MS4 permits build upon the requirements of the 2003 permit in order to address the largest sources of pollutants, specifically nutrients and sediment, discharged to waterbodies in Massachusetts and New Hampshire.

After EPA issued both permits, various parties filed petitions for review: the National Association of Homebuilders (NAHB), the Home Builders and Remodelers Association of Massachusetts, Inc. (HBRAMA), the New Hampshire Home Builders Association (NHHBA), the Center for Regulatory Reasonableness (CRR), the Massachusetts Coalition for Water Resources Stewardship (MCWRS), the Town of Franklin, Massachusetts, the City of Lowell, Massachusetts, the Conservation Law Foundation (CLF), and the Charles River Watershed Association (CRWA). These petitions were consolidated in the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) and then entered the DC Circuit’s mediation program. After more than two years, the parties have negotiated the three proposed settlement agreements.

Upon execution of these settlement agreements (or subsequently modified and noticed settlement agreements, as necessary), EPA will then propose and offer the opportunity for public comment on the agreed-upon permit modifications to both the Massachusetts and New Hampshire MS4 permits. For more information on the proposed negotiated settlements, please visit: www.federalregister.gov/documents/2019/12/27/2019-28014/proposed-settlementagreements-clean-water-act-claims. n

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In Memoriam

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Giuseppe “Joe” DiPietro Celco Construction Corp.

t is with great sadness that we announce that on December 27, 2019, our dear friend and member Joe DiPietro passed away at the age of 85. He was the loving and devoted husband of Concetta for more than 60 years, loving father of Karen Borrelli and her husband Tony of Kingston, Joseph L. DiPietro and his wife Jean of Pembroke, Robert DiPietro and his wife Gina of Pembroke, and Joanne DiPietro and her husband Doug Peckham of Walpole, and he was the Proud “Papa” of 12 grandchildren.

Joe emigrated from Italy to the United States when he was just 15 years old. He was the founder and principal of Celco Construction Corp., which was established in 1957. As a master of his craft, Joe’s talent and perseverance withstood time to allow Celco to successfully thrive to this day.

Joe was a member of UCANE for more for more than 50 years. In addition to serving on many committees, he was a member of the UCANE Board of Directors for many years, as well as Secretary, and Treasurer, and he was also awarded UCANE’s highest honor, that of Contractor Member of the Year.

The Officers, Board of Directors, Members, and Staff of UCANE extend their deepest sympathies and sincerest condolences to the entire DiPietro family. Joe’s years of experience, and knowledge of our industry, coupled with his quiet demeanor brought him the unequaled respect of his peers. His longterm support, and unwavering commitment to our Association’s goals set an example that will be difficult to equal. All who knew and loved Joe feel a deep personal sadness at his passing. n

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UCANE’s 9th Annual Appreciation Night Trade Show Will be held on March 25, 2020 prior to our Forecast Dinner Meeting

Trade Show booths offered at NO COST to Construction Outlook Magazine Advertisers.

If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors who use them. Our Trade Show is a great opportunity to meet with UCANE members and guests face-to-face.

For more information and advertising rates call Suzanne at the UCANE office.

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How did you get started in the underground construction industry?

My family has been performing onsite excavation and utility construction projects for over four decades. I have been around the business my entire life. As a young girl, I would accompany my dad for rides or plow with him in his Mack truck or go with him to the garage on the weekends when he would work on his machines, and I loved doing so.

Over the past decade my father has stepped back from the business.

My brother Bill French, Jr. is at the helm leading the company now, and my sister Jessica French Goyette, myself and the other owner Tom Dion work alongside him in the management of the day-to-day operations.

I have been full time with the company for 18 years, taking hiatuses from time to time while raising my three children.

Our business continues to evolve and grow and it is my priority to do the same. In 2020 my goal is to frequently visit our jobsites, as well as continuing to stay on top of industry related topics, regulations, and legislation that impact our business.

Being part of the UCANE Board of Directors is an excellent way to make certain we remain on top of these relevant issues!

How long have you been involved with UCANE, and how and why did you decide to get involved?

JANUARY, 2020

UCANE Board Member Lisa French Kelley W. L. French Excavating Corp.

We have been involved with UCANE officially for two years now. We wanted to participate in UCANE because the group has an exceptional reputation in our industry and because it offers peers the opportunity to discuss industry related issues, and work together to address and work towards improvements or needed changes within the industry.

It is also a place to share and learn from one another and I enjoy getting to know the many owners of the companies we have worked with, and for, over the years. I began attending Government Relations Committee Meetings as soon as we joined UCANE and I am very flattered to have been elected a member of the Board by my peers. continued on page 21

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Under the Hard Hat continued from page 19 What is the nature of the industry as you currently see it?

The industry remains very strong for us at this time. The only concern I have is our ability to continue to hire qualified craft labor and workers as we move into 2020 and beyond. This is an issue I know UCANE has been addressing at their monthly Board meetings.

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What would you like our membership to know about being a Board Member?

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I am extremely honored to be on the UCANE Board of Directors, and W. L. French is happy to be part of the UCANE team. Thank you! n

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Massachusetts Delegation Unveils Bill to Help Communities in Massachusetts and Around the Country Struggling with Water Infrastructure Costs Legislation Eases Cost Burden on Cities and Towns, Supports Communities in Removing Lead and PFAS from Drinking Water

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ashington, DC - United States Senator Elizabeth Warren (D-MA) and Representative Joseph P. Kennedy III (D-MA-04), along with Senator Edward J. Markey (D-MA) and Representatives Richard E. Neal (D-MA-01), James P. McGovern (D-MA-02), Stephen F. Lynch (D-MA-08), William Keating (D-MA-09), Katherine Clark (D-MA-05), Seth Moulton (D-MA-06), Ayanna Pressley (D-MA-07), and Lori Trahan (D-MA-03), recently announced the introduction of the Affordable Safe Drinking Water Act, a bicameral bill to provide Massachusetts and other states with more tools to mitigate water infrastructure costs. The bill has been endorsed by the American Federation of State, County & Municipal Employees (AFSCME).

"We must ensure our cities and towns in Massachusetts and across the country are able to provide safe drinking water-free of lead, PFAS, and other harmful pollutants-to our families," said Senator Warren. "I'm glad to partner with my delegation colleagues on a bill that helps our communities update their water infrastructure and mitigate the costs."

"Our citizens deserve clean water and our local communities deserve the support of our federal government to provide it," said Representative Kennedy.

"By extending loan repayments on clean water projects, this legislation will allow local municipalities to invest in critical infrastructure projects and remove dangerous chemicals from their neighbors' water."

"Everyone, everywhere, should have access to clean and safe drinking water," said Senator Markey.

"As we continue to learn more about the threats posed

by PFAS and the prevalence of lead throughout our drinking system, we must make sure that Massachusetts communities and municipalities across the country have the resources they need to respond to this crisis."

"Since my time as mayor of Springfield in the 1980s, I have been passionate that all individuals have access to safe drinking water," said Congressman Richard E. Neal. "With this bicameral bill, residents here in western and central Massachusetts will JANUARY, 2020

be able to update their water systems and alleviate the costs involved, while promoting healthy standards for the future."

"We have water infrastructure in Massachusetts that's been around for longer than some states. Yet the reality is that cities and towns just don't have the money to bring things up-to-date. I've sat across the table from countless local leaders who are pinching pennies trying to bring safe, clean drinking water to their residents, and quite frankly, it shouldn't be that way," said Congressman McGovern. "I'm proud to join our delegation to ensure that municipalities across the country have the tools they need to provide safe water that's free of lead, PFAS, and other dangerous chemicals."

"I am proud to work alongside colleagues that continue to prioritize the health of Americans," said Representative Lynch. "As a member of the Water Resources and Environment Subcommittee, we recently held a hearing on our nation's water resources infrastructure and identified how we can address critical water needs and fund projects to help the development and restoration of our water systems. Many of us take our drinking water for granted and this bill will help states access resources to assist them with updating their water infrastructure to ensure everycontinued on page 25

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MA Delegation continued from page 23 one has access to clean, safe water."

"Over the past few years, lead, PFAS, and other contaminants, have presented significant challenges to communities in my district," said Congressman Bill Keating. "We must face these challenges head on by ensuring that all communities have the tools they need to provide clean drinking water to our citizens.

This legislation, which has the backing of our entire delegation, will provide much needed assistance to our local water managers nationwide."

"If the tragedies like the one that occurred in Flint, Michigan have taught us anything, it is that we cannot take access to clean, safe drinking water for granted," said Congresswoman Clark. "This bill is an important step towards ensuring Massachusetts communities and all Americans have access to water free of lead and PFAS chemicals."

"Americans are afraid of poisoning their kids by brushing their teeth–this is ridiculous! Having safe drinking water should be an absolute minimum standard for every community in America. We need to invest now in getting PFAS and other ‘forever chemicals’ out of our lives and better understanding the impact they've already had," Representative Moulton said.

"Every American deserves access to safe, clean drinking water. The reality is that too many cities and towns lack the resources necessary to support infrastructure that guarantees that right. I've especially seen this in my fight to help cities like Lowell and Haverhill update their outdated sewer systems to prevent CSO contamination," said Congresswoman Trahan. "I'm proud to join the Massachusetts delegation to ensure that municipalities across the country and in the district I represent have the tools they need to safeguard water and keep it free of lead, PFAS, and other dangerous materials."

Many communities in Massachusetts and around the country have struggled with their water infrastructure costs for several generations. In response, Congress created the State Revolving Funds (SRF) program to improve the nation's water quality by providing critical support to reduce the cost of constructing wastewater treatment facilities and other eligible activities. While the SRF has been successful in dramatically improving the nation's water quality, the cost burden for major infrastructure projects continues to increase, and many communities still struggle to repay SRF loans.

SRF loans give states funding to provide several types of financial assistance to communities, incontinued on page 27

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MA Delegation continued from page 25 cluding project construction loans made at or below market interest rates, refinancing of local debt obligations, loan guarantees, and the purchase of insurance. Currently, communities must repay loans to the SRFs within 30 years-beginning within one year after project completion-and local governments must dedicate a revenue stream to repay the loan to the state.

Though the 30-year amortization of the loan is helpful, project timelines may exceed 30 years, and costs not addressed or offset by the loan can still strain a community's budget and require making hard cuts in other critical areas of community investment, such as education and public safety.

The Affordable Safe Drinking Water Act would provide some relief to struggling communities by amending the SRF program and giving states the discretion to: •

Offer local communities the option to repay loans over a longer period of time. The legislation would strike the 30-year SRF loan term limit and allow states to make loans up to the useful life of the project. Many of these water infrastructure projects have a useful life of 50 years or more, and allowing communities to amortize beyond 30 years will relieve some of the financial

pressure associated with finding other funding sources for these projects.

• Use SRF funding to install lead and per- and polyfluoroalkyl substances (PFAS) filtering systems and other lead and PFAS remediation measures across municipal and state facilities. The legislation would amend the Safe Drinking Water Act to allow SRFs to provide funding to remediate lead- or PFAS-contaminated water at public schools, parks, fire stations, police stations, senior centers, community centers, and any other municipal buildings.

The Affordable Safe Drinking Water Act would not require an increase of federal funding since it leverages an existing funding source, nor would it alter existing law governing SRF interest rates. Instead, it builds on an existing program to provide states more tools to mitigate water infrastructure costs.

"I am pleased to be working with my colleagues at the local, state, and federal level to elevate the clean drinking water issues that Massachusetts communities face," said Massachusetts State Treasurer Deborah Goldberg, Chair of the Clean Water Trust.

"This legislation ensures that the Trust can provide direct funding for infrastructure improvements, that will greatly improve access to safe and clean drinking water for all of our children across Massachusetts." n

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Jeff Mahoney Named UCANE Executive Director

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n January 1, 2020, Jeff Mahoney became UCANE’s new Executive Director after 4½ years as the Association’s Assistant Executive Director.

Before joining UCANE, Jeff gained extensive experience in the Massachusetts State Legislature, having held various positions on Beacon Hill, Congressional Offices, and in the Massachusetts Inspector General’s office.

As Assistant Executive Director, Jeff demonstrated strong management and communication skills, which will be beneficial to our members as Clean Water funding sourc-

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During his time at UCANE, Jeff has been working side-by-side with Anne Klayman, who served as UCANE Executive Director for nearly 40 years. This partnership will continue, as Anne will remain with the Association and continue to support UCANE’s member programs. n

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UCANE Participates in Clean Water Construction Coalition Business Meeting

(L-R): Jeff Mahoney (UCANE), Stephanie Menning (MUCA), Mike Wiedmaier (UCA of IL), and Dan Kennedy (UTCA of NJ)

I

n early December, the Clean Water Construction Coalition (CWCC) held its 2019 Business Meeting in Chicago, which was hosted by the Underground Contractors Association of Illinois (UCA of IL). UCANE Assistant Executive Director Jeff Mahoney attended the meeting on behalf of UCANE. CWCC is a national organization made up of construction associations whose purpose is to promote federal legislation and awareness for the improvement of our underground water and sewer infrastructure. It is currently comprised of 27 dedicated state associations, including UCANE, representing more than 11,000 member firms and is provided additional support by 10 organizational partners.

Topics on the agenda at the meeting focused on CWCC’s membership development, mission statement, and best management practices for member associa-

MUCA’s Stephanie Menning and UTCA of NJ’s Dan Kennedy moderate a panel

tions. CWCC federal lobbyist Sante Esposito provided an update of federal issues.

UCANE also attended the Planet Underground TV Roundtable, which was attended by construction professionals from across the country and Canada, and featured a day long panel discussion and networking on matters related to the current state of locating, excavating, and damage prevention in the construction industry.

CWCC Members, including UCANE, moderated and participated in several sessions with topics including the public’s view of the construction industry, the media’s focus on “negative” industry issues (water main breaks, explosions, etc.), and the impact of late or delayed Dig Safe markings and tickets.

UCANE will continue to play an active role in CWCC in 2020. n

UCANE Executive Director Jeff Mahoney participates in a panel discussion.

JANUARY, 2020

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A. F. Amorello & Sons, Inc.

e are deeply saddened to announce that on January 4, 2020 our long-time member and friend Anthony Amorello passed away at the age of 87. He was the loving and devoted husband of Patricia (Donovan) for 63 years; and he is also survived by his four sons, James Amorello and his wife Vanessa of Shrewsbury, Joseph A. Amorello and his wife Nancy of Shrewsbury, Daniel Amorello of Whitinsville, and Robert Amorello of Jefferson, and he was the proud “PopPop” to his nine grandchildren.

Anthony was born in Worcester, MA, and was a graduate of Commerce High School. In 1950 Anthony enlisted in the United States Air Force and served from 1951-1955 during the Korean War. Anthony joined his three older brothers, Bill,

John, and Ed in running his family’s construction company, A. F. Amorello & Sons, Inc., founded in 1914 by his father, Antonio Amorello, an Italian immigrant and an American patriot. The company continues to flourish more than a century later.

Anthony and his company have been members and great supporters of UCANE for more than 25 years. The Officers, Board of Directors, Members and Staff of UCANE extend their deepest sympathies and sincerest condolences to the entire Amorello family. Anthony’s years of experience and knowledge of our industry, coupled with his quiet demeanor brought him the unequaled respect of his peers. All who knew and loved Anthony feel a deep personal sadness at his passing. n

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A

December 26, 2019 FY20 Appropriations Bills Include FY20 APPROPRIATIONS BILLS INCLUDE KEY FUNDING FOR EPA’s SRF PROGRAMS Key Funding For EPA’s SRF Programs

As reported in the December 6, 2019 CWCC Report, the FY20 Continuing Resolution to fund the federal s reported in the December 6, 2019 CWCC ReXVI”) of which $20 million is for the Title XVI WIIN government was to expire Dec. 20th. Last week, the“Title House and Senate passed two bills that will allocate port, the FY20 Continuing Resolution to fund the grant program and $43.6 million for Title XVI (WaterS$1.4 Tfederal to fund the federal government nearly three months afterand FY 2020 began.forThe measure government was to expire December 20.

MART) grants $134 million Water Storagewas Proj-sent th toIn President Trump for his thustwo avoiding 20 shutdown.

These bills fund mid-December, the House andsignature, Senate passed ects. aForpost-Dec. more information on these programs please bills that will allocate $1.4 trillion to fund the federal see https://www.usbr.gov/main/programs/ operations of the federal government for the remainder of the FY that ends September 30, 2020 after government nearly, three months after FY20 began. months of negotiations and two continuing resolutions.FY20 Transportation Appropriations highlights in-

The measure was sent to President Trump for his sigclude: nature, thus avoiding a post-December 20 shutdown.

• BUILD Grants – $1 billion Included in this breakthrough substantial EPA funding for a variety of CWCC program priorities.

These bills fundfunding operations of the federal is government • Highways – $46.3 billion, $781 million for the Surfor the remainder of the fiscal year that ends SeptemNotably, FY20 Water Appropriations highlights include: face Transportation Block Grant funds, and infraber 30, 2020, after months of negotiations and two structure along alternative fuel corridors, $1.15 bilcontinuing resolutions. lion for bridge repair and rehabilitation, $100 million • Included CleaninWater SRF $1,639 billion (versus $1,394 billion enacted in FY19); this funding breakthrough is substantial for the Appalachian Development • funding Safe Drinking Water SRF program - $1,126priorities. billion (versus $864 million enacted in FY19); Highway SysEPA for a variety of CWCC tem, $70 million for the Nationally Significant FedNotably, FY20 Water highlights include: • WIFIA - $60 Appropriations million; eral Lands and Tribal Projects grant program, and • • Clean SRF $1,639 Overflow billion (versus $1,394 millionGrants; for highway-rail $28Water million for–Sewer and Stormwater$50 Control and grade crossing grants. billion enacted in FY19); • Aviation – $17.6 billion for the FAA and full funding • $1 million for the Water Workforce and Infrastructure and Utility Development Grants; as well • Safe Drinking Water SRF – $1,126 billion (verfor the Essential Air Service program. as language to ensure timely implementation of the Integrated Planning Clean Water Act sus $864 million enacted in FY19); • Rail – $2 billion for Amtrak, $255 million for ConAmendment that passed in January.

• WIFIA – $60 million; solidated Rail Infrastructure and Safety Improve• $28 million for Sewer Overflow and Stormwament grants, $300 million for State of Good Repair In June September, the House and Senate passed grants, different Interior bills ter and Control Grants; and andFY20 $2 million eachAppropriations for MagLev grants andthat Restoration and Enhancement grants. were ultimately merged into the final bill reported above.

Initially for the Clean Water SRF, the House • $1 million for the Water Workforce and Infraandcompared Utility Development Grants;$1.638B. as • For Transit – Transit formula grants total billion, calledstructure for $1.81B, to the Senate’s the Safe Drinking Water SRF, the$10.1 House called well as language to ensure timely implementa$510 million for transit infrastructure grants. and for $1.3B whereas the Senate appropriated $1.13B, and for WIFIA, the House allocated just $50M tion of the Integrated Planning Clean Water Act $1.978 billion for Capital Investment Grants, fully compared to thethat Senate’s M. Amendment passed$65 in January. funding all current “Full Funding Grant Agreement” transit projects, as well as new projects that have In June and September of 2019, the House and criteria.Program Funding (AKA Also included the FY FY20 20 Appropriations bills is fundingmet forthe theprogram Reclamation Senate passedindifferent Interior Appropriations bills that were ultimately merged into the final bill re• Maritime – $1 billion for the “Title XVI”) of which $20M is for the Title XVI WIIN grant program and $43.6M forMaritime Title XVIAdministraported above. Initially for the Clean Water SRF, the tion to increase the productivity, efficiency, and (WaterSMART) grants and $134 for Water Storage Projects. For more information on these programs House called for $1.81 billion, compared to the Sensafety of the nation’s ports and intermodal water please see https://www.usbr.gov/main/programs/ ate’s $1.638 billion. For the Safe Drinking Water SRF, and land transportation. the House called for $1.3 billion whereas the Senate • Safety – $989 million for the NHTSA, $679 million appropriated $1.13 billion, and for WIFIA, the House FY20 Transportation Appropriations highlights include: for the Federal Motor Carrier Safety Administration, allocated just $50 million compared to the Senate’s and $281 million for the Pipeline and Hazardous $65 million.

Materials Safety Administration to help address Also included in the FY20 Appropriations bills is safety concerns related to recent pipeline and rail funding for the Reclamation Program Funding (aka accidents. n JANUARY, 2020

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Patrick W. Saltmarsh Corporate Safety Director J. Derenzo Companies

New Year’s Resolution = GOALS

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“You Can’t Move Forward Until You Look Back” ~ Cornell West

ow that the New Year’s Eve ball has dropped in New York City, champagne bottles are thrown away, Christmas trees have been taken down, and the holiday decorations are all packed away, take some time to look back and reflect on the past 12 months. Were you able to accomplish your personal and professional goals, or did the resolutions you set a year ago slip through the cracks?

When you hear someone say the phrase “New Year’s Resolution” you naturally think of exercising more, losing weight, quit smoking, vowing to live life to the fullest, and travel more. These are some of the most common personal New Year’s resolutions, but resolutions should not be limited to only our personal lives. You should also look to create impactful resolutions to your professional and business life as well. After all, isn’t a “resolution” a decision to improve upon and do something different, and perhaps strengthen weaker areas in our daily lives?

New Year’s resolutions tend to get a bad rap due to the number of people who make them and then end up failing to get past January 31st before they give up on them altogether. When it comes to your resolutions (goals) for 2020, you may want to think about taking a different approach.

In the safety business, I think it is important to look to the past, and adhere to the proverbial expression, “hindsight is 20/20,” meaning, it is often easier to identify what you should have done after an event has already happened. Foresight cannot occur without hindsight; therefore, we can all benefit from looking back at our safety data and lessons learned in 2019.

JANUARY, 2020

It is important for any company, large or small, to build a link between their safety data and the performance of their employees. With 2019 clearly in our rear view mirror, companies should take the opportunity to look back at their injury and incident data, summarize it, and share it with their employees. By reviewing actions that caused or contributed to incidents and clearly establishing certain actions as “unacceptable,” employees may develop an improved vision to work towards in 2020.

The challenge for any company and safety professional is the unforeseen. Despite all of the training, education, and goal setting you have done, a day can arrive where, without warning, you receive a dreaded phone call informing you that an incident has occurred on one of your job sites. After the initial continued on page 39

J. Derenzo Co. Foremen Ernie Da Costa disassembling a trench shield.

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Safety Corner continued from page 37 shock, you will most likely have a feeling of frustration that the incident occurred even with all of the training and reinforcement that you have done. But quickly you realize that people are only human and mistakes can be made by anyone. You know you must utilize the incident as a learning tool. Take an introspective look at exactly what happened and work with your company and your entire safety team to prevent it from happening again. Lessons learned from each incident is an extremely valuable tool, which can assist you in moving forward and perhaps rethinking safety measures you may currently have in place.

When you look back to see what you or your company could have done better, do not forget to remind yourself of all the things you did right. Look for those positive achievements and what you did to obtain them. Going forward, be sure to set quantifiable safety goals that are achievable sooner rather than later. Rather than make a list of year-long goals, set deadlines. Consider making quarterly goals a priority and don’t be afraid to adjust them each quarter to give you something new to aim for. The reality of all of this, is that your list of reasonable goals can be extremely helpful in making your company safer today than it was yesterday. n

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O

Releases FY19 Top 10 Violations List

SHA recently released its annual Top 10 violations list for FY19. As expected, the list of cited standards remained essentially the same as last year with only Lockout/Tagout and Respiratory Protection swapping spots at numbers 4 and 5. The top 3 violations have remained the same for the last five years, with Fall Protection leading the way and Hazard Communications and Scaffolding following in second and third place.

The big news for 2019 was that all of the Top 10 standards saw reductions in the number of violations issued ranging from 8% to 21%. Year over year citations for the Top 10 combined went down from 31,816 in 2018 to 26,915 in 2019 – a reduction of 15.4%. These numbers represent citations across all industries. The reductions in citations represent some combination of improvements in workplace safety by employers and also a 2019 emphasis program by OSHA and the Administration that offered complimentary safety training and education to businesses. This is certainly a favorable trend considering that 2019 saw record employee counts and manhours worked in most industries.

In 2019, overall workplace inspections

40

increased by 4% over 2018, with a total of 33,401 inspections. That was the greatest number of inspections since 2015. OSHA’s budget in 2019 remained the same as 2018 at $557,787,000. The number of OSHA inspectors and field supervisors remained constant at 957 employees.

The Agency’s acting Administrator, Loren Sweatt said in a written statement, “I am proud of the diligent, hard work of all OSHA personnel who contributed to a memorable year of protecting our nation’s workers.”

Since OSHA was established in 1970, it has played the major role in creating a safer working environment across all industries. Worker injuries and illnesses have dropped from 10.9 incidents per 100 workers in 1972 to 2.8 per 100 in the most recent survey done in 2017. During that same period worker deaths in America declined as well, from about 38 worker deaths a day to 14 a day.

In recent years, construction has accounted for approximately 20% of worker fatalities. The leading cause of workplace fatalities has overwhelmingly been motor vehicle accidents, with roughly 40% occurring in transportation incidents. n

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JANUARY, 2020

1 2 3 4 5 6 7 8 9 10

No. 1: Fall Protection (1926.501) Violations: 6,010 in 2019 • 7,270 in 2018 = –17.3% No. 2: Hazard Communication (1910.1200) Violations: 3,671 in 2019 • 4,552 in 2018 = –19.3% No. 3: Scaffolding (1926.451) Violations: 2,813 in 2019 • 3,336 in 2018 = –15.7% No. 4: Lockout/Tagout (1910.147) Violations: 2,606 in 2019 • 2,944 in 2018 = –11.5% No. 5: Respiratory Protection (1910.134) Violations: 2,450 in 2019 • 3,118 in 2018 = –21.4% No. 6: Ladders (1926.1053) Violations: 2,345 in 2019 • 2,812 in 2018 = –16.6% No. 7: Powered Industrial Trucks (1910.178) Violations: 2,093 in 2019 • 2,294 in 2018 = –8.7% No. 8: Fall Protection Training (1926.503) Violations: 1,773 in 2019 • 1,982 in 2018 = –10.5% No. 9: Machine Guarding (1910.212) Violations: 1,743 in 2019 • 1,972 in 2018 = –11.6% No. 10: Eye and Face Protection (1926.102) Violations: 1,411 in 2019 • 1,536 in 2018 = – 8.1% TOTALS: (2019) 26,915 vs. (2018) 31,816 = –15.4%

JANUARY, 2020

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UPDATE: OSHA’s Revised National Emphasis Program on Trenching and Excavation Due to a spike in trench related fatalities in 2016 and 2017, OSHA issued a revised National Emphasis Program (NEP) for trenching and excavation effective October 1, 2018. All OSHA area offices were directed not only to increase trench inspections in FY19 (by 10% minimum), but to also increase their outreach programs to educate contractors about the NEP and to assist them with best management practices.

F

or the first three months, OSHA offices concentrated on doing outreach to the excavation industry and offered training and compliance assistance to area contractors. In Massachusetts, Compliance Specialists Peter Barletta (Boston) and Joseph Green (Andover) worked a very busy schedule in late 2018, meeting with contractors and various associations (including UCANE’s Safety Committee).

Their mission was to assist them and educate them on the many resources available through OSHA including a new and expanded Trenching Website at https:// www.osha.gov/SLTC/trenchingexcavation/index.html.

During this period, OSHA continued to respond to trenching complaints, referrals, injury reports, etc. As part of the NEP, all OSHA offices will continue outreach beyond the 3-month period, as resources allow.

"Removing workers from and helping workers identify trenching hazards is critical," said Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. "OSHA will concentrate the full force of enforcement and compliance assistance resources to help ensure that employers are addressing these serious hazards."

On January 1, 2019, the inspection and enforcement actions began in earnest. The new Trenching NEP requires all OSHA inspectors to stop and inspect all trenches or open excavations that they observe during the course of their normal workday travel or while engaged in programmed or unprogrammed inspections. Trenching and excavation inspections will also continue to be assigned as the result of incidents, referrals, and complaints. If the OSHA inspector observes an excavation or trenching operation, but is unable to initiate an immediate inspection, he/ she must call the Area Supervisor and provide the site location, name of the contractor, conditions observed, and photos if possible. The supervisor shall assign another inspector to the site, subject to higher priority current assignments.

JANUARY, 2020

Trenching and excavation accidents are not high incident rate accidents in Region 1 compared to other workplace activities, however the chances for serious injury or a fatality are very high with these type of incidents. Without sloping or protective shoring trench walls can collapse suddenly and without warning. Even though small amounts of dirt may not seem treacherous, one cubic yard of dirt can weigh more than 3,000 pounds – about the weight of a compact car – and capable of crushing and/or suffocating workers. Between 2013-17, there were 112 trenching fatalities across the country (an average of 22 per year). Forty-five of the trench fatalities were on commercial sites, 39 were at private residences, and 28 (25%) occurred on highway and pipeline projects. In 2018, federal OSHA and state plan OSHA agencies investigated 17 trenching fatalities. continued on page 45

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OSHA continued from page 43 With OSHA penalties starting at $14,000 for first time “serious offense” and reaching $135,000 for each “willful or repeat” violation of a trenching standard, the fines for not complying with sloping and shoring regulations can quickly escalate. Although New England excavators have had only three trenching fatalities in the last five years, the double fatality at the Atlantic Drain Co. site in Boston in November of 2016 still stands as a grim reminder of the horror that can occur when proper trench protection is not in place. In addition to a record setting fine by OSHA of $1.5 million, the owner of the company (on site at the time of the incident) was sentenced in December 2019 to two years in prison and the company is barred from digging trenches for five years.

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New England OSHA offices will continue to follow the October 1, 2018 directive from Washington requiring increased trench inspections to protect construction workers.

The Massachusetts OSHA offices have surpassed the goal of increasing trench inspections by 10%. In the first year (2019) they increased inspections by 60%, and horizontal contractors can expect that pace to continue in 2020. n

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2020 Scholarship Applications Now Available UCANE to Award Twelve $2,000 Scholarships WHO IS ELIGIBLE TO APPLY? •

Any child or grandchild of a UCANE member OR an employee of a member in good standing.

•

The applicant should be a high school senior who will be enrolling full time in an accredited two- or four-year academic institution for the year beginning in September, 2020 OR a current full-time college student who has not previously received a UCANE scholarship.

HOW WILL THE APPLICATION BE JUDGED? Twelve $2,000 scholarships will be awarded. Two of the 12 scholarships will be awarded to applicants pursuing a construction related degree. There will be a question on the application to indicate if you believe you are eligible for these scholarships. The other 10 scholarships are open to all other courses of study.

Applications are judged and winners are selected by independent outside educators. Selection will be based on the overall worthiness of the applicant by considering: 1. Scholastic achievement; 2. Interest and effort in preparing for your vocation; 3. Extra-curricular activities at and away from school, including community and religious service; 4. Difficulty of course curriculum and career objectives; 5. personal recommendations; 6. Thoroughness of the completed application, particularly the essay

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED? Each application is assigned a number. When completed, page 1 of the application, with the name of the applicant, must be detached and sealed in the accompanying envelope. Please be certain to indicate the UCANE firm where you, your parent or grandparent is employed when applying. The applicant’s name must not appear on any part of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with those corresponding numbers will be opened to identify the award recipients.

WHAT MUST ACCOMPANY THE APPLICATION? 1. A transcript of high school or college grades through the latest period prior to April 15.

2. A letter of recommendation from the principal or faculty advisor/academic advisor.

3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community (optional but recommended).

IMPORTANT - PLEASE NOTE: In the event the applicant receives a full scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE Scholarship will be awarded to another applicant.

Applications must be received in the UCANE office no later than April 15, 2020. If you have any questions concerning the completion of this application please contact:

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Kristin Erickson

Tonry Insurance Group, Inc.

Indemnity Agreements for Surety Bonds

We are often asked questions as to why a surety needs personal information when qualifying a company for a bond. This all has to do with the principle of indemnity. The surety bond product itself would cease to exist without this principle. In this article, we will try and address the most frequently asked questions in regards to a personal guarantee and indemnity agreements.

Before we answer these questions, here’s a refresher to the three parties of a surety bond: • Principal – this is the party qualifying for the bond • Obligee – this is the party requiring the bond and is protected by the bond • Surety – this is the party guarantying the work of the principal What is a General Indemnity Agreement?

This is the principal’s guarantee to the surety company that if the surety pays any loss to the obligee, that it will reimburse the surety for that loss, including attorney and legal fees.

What is my maximum liability? With most bonds, it’s the amount of the penal sum of the bond, plus legal fees. However, contract bonds such as performance and payment bonds, guaranty a specific contract, so the liability could be much more than the penal sum of the bond. To be put simply, your maximum liability is the potential loss a surety company could pay out.

I’m incorporated, why do you need my personal Information? A personal guarantee is required for nearly all surety bonds. A surety needs the personal information of the applicant, including social security number, home address, along with the same information for their spouse JANUARY, 2020

in order to run credit. Credit is one of the first and main underwriting criteria for bonds.

Why do you need my spouse’s information? When a personal guarantee is required for bonds, is usually includes the spouse. A marriage legally joins the assets of the two married people, including business assets. It doesn’t matter if the spouse has no ownership in the business. Because a personal guarantee is required, a spousal guarantee is one and the same.

A surety bond is a financial guarantee. In most cases, once you’re married, your financial obligations become your spouse’s financial obligations and vice versa. Having your husband or wife indemnify your surety bond is how the underwriter continued on page 51

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Insurance Perspectives continued from page 49

I still don’t understand. Isn’t a bond just Insurance? No it’s not. While insurance expects that there will be a loss, and sets premiums accordingly based on the law of large numbers, a surety bond expects zero loss. Think of a surety as a professional co-signer. It is guarantying your obligation to another party. n

ensures state laws regarding financial accountability are being followed when issuing your bond.

Spouses have joint assets, which may have to be sought after in the event of a claim. If the surety does not have the spouses guarantee, they may not have access to any assets jointly held.

Can I get a bond if I’m Call Your Nearest GENALCO Warehouse not willing to sign personFor These Supplies ally? Maybe. In rare situaHYDRAULIC GRADE 8 STROBE LIGHTS OIL tions, a surety may be willing NUTS & BOLTS WEATHER CAPS to waive personal indemnity if AIR CLEANERS GREASE FITTINGS the corporation is exceptionally BUCKET TEETH HYDRAULIC HOSE strong financially relative to the BUCKET LIPS risk. These exceptions usually EQUIPMENT PAINT BUCKETS revolve around larger compaCUTTING EDGES nies with longstanding relationCHAIN ships with sureties, along with SLINGS BACKUP BELLS AIR, OIL & FUEL the financial presentation and AND ALARMS FILTERS EXTREME ROTARY strength to easily back the PRESSURE GREASE ASPHALT CUTTERS bonds. A surety usually views GENALCO inc. 1-877-436-2526 70 years of service to New England Industry this as – “If you are not willing www.genalco.com to personally guaranty your own Needham Heights, MA Springfield, MA West Haven, CT Warwick, RI FAX 781-449-6643 FAX 413-781-3771 FAX 203-934-2580 FAX 401-736-9769 obligations, why would we?”

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Wastewater Costs Driving Capital Plan Debt Exclusion Requests HARWICH — The selectmen and finance committee got a preview of the capital outlay committee's seven-year capital plan last week. The public had an opportunity to hear the plan details at a hearing Monday, January 6.

T

he grand total for the seven years is $85,275,420, and a large portion of the capital expenses are driven by wastewater projects scheduled for FY23, at $17.4 million, and FY24, which carries a cost of $11.2 million.

But Capital Outlay Committee Chairman Richard Larios made it clear the out-year numbers in the plan serve more as “placeholders” and may not be a true reflection of costs.

“We literally vote on the numbers shown in the plan in the current year,” Larios said.

The number in the plan for FY21, which is the year voters will be acting on in the annual town meeting in May, is $16,075,495, as recommended by the town administrator. Board of Selectmen Chairman Larry Ballantine said the plan included among Town Administrator Christopher Clark, Finance Director Carol Coppola, and the committee.

“I hope the capital plan is looked at very closely and I hope our board and others take this plan very seriously,” Ballantine said.

Interim Town Administrator Joseph Powers pointed out that the FY21 requests entail $11.7 million in debt exclusions, primarily driven by wastewater, including $8.4 million to complete phase three in East Harwich and $1.5 million for Harwich’s share in the DHY treatment construction. The other debt exclusion requests are for $1.1 million for a quint pump and ladder fire truck for the fire department and $700,000 for the department of public works annual town road

JANUARY, 2020 SEPTEMBER, 2016

maintenance budget. Last year the road maintenance funds were rejected by voters at the ballot box.

Powers pointed out the $11.7 million in debt exclusion requests go against the board of selectmen’s directive for limited use of debt exclusions.

Outside of the debt exclusion requests there do not appear to be any major surprises. The additional $5 million in projects is in keeping with spending practices for the plan. In three of the proposed out years, $5 million is projected.

Capital Outlay Committee Vice Chair Noreen Donahue questioned the need to vote the DHY funds for the treatment plant this year, wondering if the vote could be solely on the three-town agreement and with funding acted on the next year.

Ballantine said he could not provide an answer at this point, adding officials are trying to get each continued on page 54

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Spotlight on Cape Cod continued from page 53 of the three towns—Dennis, Harwich, and Yarmouth—to act at the same time. He said no decision has yet been made on the funding request for this year.

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Larios said his committee has not voted on the funds yet, but would do so before town meeting.

There are options, said selectman Donald Howell.

The understanding has been there is no third option, that the town must either go with the DHY proposal or build the treatment plant itself, but he questioned that, saying he has spoken with a Chatham selectman about Harwich exploring additional treatment at the Chatham plant. He suggested the Board explore that option as well.

A few departments this year have no capital plan requests, including administration, harbor, natural resources, and the police department.

Larios also offered some words of caution regarding town assets, pointing out many do not “bring money back to us.” He said the assets are inflating costs to the town every year and it is time to take a serious look at them. He said the town has to get rid of some of those costs.

Reprinted from the Cape Cod Chronicle. n

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How to Address Mental Health in Construction

I

What the industry with the worst statistics can do to better support its workers in need of help

am the son of William—a man who battled mental illness and substance abuse for most of his life. I share this not as an admonishment of our health-care system, nor as a plea of sympathy for my family. In full disclosure, my father lived a long life despite his challenges and was the best father he could possibly be.

Still, I recall a time when I was about 15 years old and we had taken my father to the hospital where he proceeded to tell the doctor, my mother, and me how he wanted to take his own life. And I wish I could say that was the only time this happened. As I reflect on this encounter, which is still mind-boggling to me, I consider the countless lives that have been lost in situations just like this because there was no one to hear that cry for help.

As you know by now, reader, this is not a piece about preconstruction planning or close-out, but a call to action for all industry professionals to mobilize against the horrible truth that there are people in our field whose cries for help go unheard.

See the Stigma The construction industry is one of the hardest hit where mental illness and substance abuse are concerned. Consider the facts: Construction work is extremely taxing on the body and takes a physical toll. Additionally, construction is an incredibly stressful business that couples the stigma of addressing mental illness with a largely masculine presence.

Consider the last time you heard someone say, “Wow, I am really stressed out.” How often is the advice, “Just man up!” and “Don’t be a wimp!” offered?

There are many great men and women in the industry, and this is not meant to further segment this problem as strictly a male issue. After all, mental illness and substance abuse are not discriminators. This is simply a commentary on how perceptions further complicate the need for addressing workers’ mental health.

It is fascinating to realize that, if the need for help came from an individual with heart disease or high cholesterol, the reactions would be drastically different. Physical health issues are tangible and are therefore accepted as deserving of attention and empathy. The stigma of mental illness, however, makes

JANUARY, 2020

the often-intangible issues of depression or suicidality, for example, more challenging to confront.

As such, the construction industry and the public at large must address this problem head on and no longer build walls but, rather, open windows, letting in the light needed to see this epidemic more clearly.

Know Your Team Knowing your team is easier if your firm is comprised of 10 or 20 individuals, but what if the teams number 100, 500, or 1,000? Then, it’s far more difficult.

This is not to say a president or chief executive officer should have an intimate relationship with every associate, but do the leaders of your firm (e.g., department heads, business unit managers, field leaders) have any idea what drives or motivates their team members?

It’s not the job of division managers to act as therapists or psychologists, but individuals who are connected to their teammates are more likely to recognize unusual or aberrant behavior. Sometimes all it takes is a colleague asking, “How are you doing?” to provide the impetus to drive concern.

Watch for Indicators The construction industry is, in fact, a world of extremes—extreme risks, dangers, and deadlines.

This creates a pressure cooker of anxiety. Long hours and stress-filled days are commonplace. Firms manage projects with an eye fixed on cost control continued on page 59

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Mental Health continued from page 57 and labor deficiencies. As a result, managers, supervisors, craftspeople, and estimators all build, while the stress around them weaves into every fiber of the project—especially now, as we allow technology to keep us on the clock 24 hours a day.

So, how do leaders discern the normal stresses of the job from saturation? If you have ever said, “In my day, I managed 10 projects at a time (uphill, in the snow, etc.),” then stop it. Times are different—they are not better; nor are they worse. The industry has experienced enhancements, as well as new challenges.

There is a fine line between “normal” and “overworked,” yet so many leaders know what they are doBoston Area ing when they take onLocations “just one more project” with little concern about the effects that extra work will

have on the people doing it. Human capital is not disposable, and burning through those assets as if they have a shelf life of 12 to 24 months is a sure indicator that the team is not OK.

Focus on the Positive

The construction industry is a “fixer” business.

Contractors fix problems. As rudimentary as it sounds, that is how the business works. As a result, contractors have become very efficient at identifying the things that require fixing. If something is operating correctly, they find something else to fix. Unfortunately, the unintended consequence of this behavior is that businesses generally tend to focus on the negative (what isn’t finished, what needs more work, etc.).

At many firms, positive feedback is the hardest thing to come by. Rather, there is a focus on negative or constructive reinforcement.

2 Dexter Street When was the last time someone Everett, MA 02149 Boston Area Boston Area in your firm acknowledged an emLocations Locations ployee for doing something well?

431 Second Street Once again, this is not about every Everett, MA 02149 2 Dexter Street 2 Dexter Street person getting a trophy or provid Everett, MA 02149 Everett, MA 02149 ing empty platitudes, but offering credit where it is due and because 431 Second Street 431 Second Street it is right.

Everett, MA 02149 Everett, MA 02149 Associates in firms tend to BOSTON AREA LOCATIONS

muddle around, shell shocked be 100 Fremont Street 2 Dexter Street 431 Second Street cause the last piece of real feedWorcester, 01603 Everett, MAMA 02149 Everett, MA 02149 back they received was on some cumbersome annual performance appraisal form, completely devoid of anything meaningful. Best-inclass firms have made it a point to celebrate their associates with greater frequency, which has a correlative effect on mental stability.

When one considers how much time is spent at their job, it is easy to see how mental stabilMinichiello Bros./Scrap-It, Inc., Minichiello Bros./Scrap-It, Inc. ity may be negatively influenced Serves over 2500 customers a week and is one of New England’s largest Serves over 2500 customers a week and is one New England's largest buyers, by environmental factors. Mental buyers, sellers, and processors of scrap metal.

Forour overgoal 60 years goal sellers and processors of scrap metal. For over 60 years has our remained illness and substance abuse were remained the same - to in provide the best along prices in thetop industry along with the same - tohas provide the best prices the industry with notch not created by our industry, nor will top notch service!

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Callcustomer Fred Rogers at Call 617-595-5505 they be fixed overnight.

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However, the stigma of this Minichiello Bros./Scrap-It, Inc., Serves over 2500 customers a week and is one New England's largest buyers, plight must be removed so that we, sellers and processors of scrap metal.

For overa60week years ourisgoal Serves over 2500 customers and onehas Newremained England's largest asbuyers, an industry, can do a better job he same - to provide the best in theof industry along with notch sellers and prices processors scrap metal.

Fortop over 60 years our goal has remained of fixing it. Let’s not add to the evcustomer service! the Callsame Fred -Rogers at 617-595-5505 to provide the best prices in the industry along with top notch er-increasing statistics, but rather, customer service! Call Fred Rogers at 617-595-5505 be the solution. For William.

Written by Gregg M. Schoppman, a consultant with FMI Corporation, Turn your metal into money today! management consultants and investTurn your metal into money today! ment bankers for the construction inMinichiello Bros. Inc./Scrap-It Inc. Minichiello Bros. Inc.,/Scrap-It Inc. dustry. n

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5 Tips for Retention That Benefit the Worker & the Work Environment

The share of workers quitting jobs hit a post-Great-Recession high in 2019, reports the Bureau of Labor Statistics, challenging employers even further in this era of low unemployment and competition for qualified workers.

Construction companies large and small are flush with projects. Yet, their ability to fulfill those projects could be jeopardized by the realities of today’s labor market, in which workers are in such high demand that both candidates and current employees are being actively targeted by job recruiters.

And, according to the ADP Workforce Vitality Index, the industry suffers from an average turnover rate of 21.4%.

For business owners, this has sparked an increased interest in strategies to reduce attrition, rehiring and retraining costs, and to create long-term workforce stability.

JANUARY, 2020

Reducing Turnover Most employers are keenly aware of the need to pay competitive wages and, therefore, include it in their projected costs. But it doesn’t stop there. They’re also strategizing ways to improve the employee experience and create a positive work environment.

An October 2019 report, “Workplace Satisfaction Report: What Workers Want—And What Doesn’t Matter,” revealed that there is often a disconnect between what employees want in their jobs and how often they experience those benefits. In short, there is no one-size-fits-all approach, and the best way to find out what motivates employees in the workplace is to start a conversation.

You need to specifically ask your employees, “What’s most important to you?” For one employee, it might be more flexible hours. For another, it might be additional time off. And for a third, it might even be the opportunity to lead a new initiative or be considered for more responsibilities. Providing benefits that employees want but don’t necessarily expect allows employers to deliver benefits that make a real impact on employee engagement.

What Workers Want As part of the survey, skilled trades workers were continued on page 65

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63

Bioretention Soil? Who makes that?

Stabilized stonedust? Who makes that?

CU-Structural soil? Who makes that?

Green roof soil? Who makes that?

Reinforced soil? Who makes that?

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JANUARY, 2020

5 Tips continued from page 63

•

asked what factors they prioritize in the workplace. The top responses were: opportunities for growth and advancement, business practices in line with personal values, opportunities to gain marketable skills, recognition for their work and job security. These factors aren’t just valuable for the skilled trades, but for all employees.

Keep them in mind as you consider the following components for inclusion in your retention strategy.

•

1. Prioritized Onboarding

•

Make sure your EVP is an honest statement of your culture, workplace and brand.

Establish trust by following through on the values articulated in your EVP. Consistently look for new ways to demonstrate your EVP.

3. Consistent Feedback Ensuring that employees feel productive, invested and appreciated will make them more likely to say no to other job offers and choose to stay on your

One company I work with sends each new hire an onboarding package that includes a letter from the supervisor, as well as a hard hat, t-shirt, safety vest and short bios about all the people they will meet during their first day. It’s a great strategy for kickstarting a feeling of belonging for new employees. Effective retention of top employees begins even before an employee’s first day on the job. Successful onboarding strategies include: • Consistent communication—Making contact with candidates between the time an offer is made and their scheduled start date is crucial to the onboarding process.

• Clearly defined job expectations—Be sure to document expected duties and set 30-, 60and 90-day goals. New employees should have access to all the information they need and managers who can answer questions.

• Regular check-ins—Schedule a meeting with new hires on their first day, first week and first month to answer questions and mitigate concerns.

continued on page 67

2. Culture of Communication Your employee value proposition (EVP) isn’t just for attracting talent; it also helps retain workers by defining what your company (and current employees) stand for. When creating an EVP, be sure to: Untitled-6 1

3/7/2016 3:49:21 PM

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SIMPLE SOLUTIONS FOR COMPLEX WATER MANAGEMENT NEEDS BakerCorp Complete Water Management Solutions BakerCorp is your single-source partner for Construction and Environmental Remediation water management applications.

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5 Tips continued from page 65 team. You can offer your employees this security by: • Offering frequent performance conversations and in-the-moment feedback, which create better work habits for all employees.

• Normalizing regular communication about what “good work” looks like for specific tasks and how employees can get there, which makes the process of correcting mistakes more palatable.

• Offering consistent feedback to reduce the opportunity for misunderstandings and clarify what is good behavior and what falls short; keep in mind that high-performing employees might interpret a lack of feedback as a lack of appreciation for their good work.

4. Opportunities for Growth Even satisfied employees are often looking ahead to the next chapter. Take advantage of their strengths to help them succeed.

• Make sure you’re challenging your workers and allowing them to develop skills that will help them contribute more and advance in the company.

• Create opportunities for employees to grow within your organization rather than making

•

them feel they have to move out to move up.

Make workforce development a top priority— it’s an investment that pays.

5. Upskilling Upskilling, or training and advancement practices that help workers learn new skills and take on new responsibilities, is being used more frequently to keep workers on top of their game. Consider these best practices: • Identify and address your company’s skills gaps.

• Pinpoint high-performing workers and ask what training or certifications will help them achieve their future goals.

• Consider the impact of mentorships and other opportunities that cultivate a leadership mindset.

Today’s labor market is already challenging, and workers are setting the terms of their employment. To make a real difference, companies need to know why workers quit and understand how to create a work environment that makes them want to stay.

Written by Parke Jacquay. Reprinted with permission. n

Dave Pateuk / Owner Email: dave@northeastshoring.com Website: www.northeastshoring.com

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Advertisers’ Index ATS Equipment, Inc. .............................................................16 American Shoring, Inc........................................ Ins. Back Cvr. B2W Software, Inc.................................................................25 BakerCorp..............................................................................66 Benevento Companies..........................................................36 Boro Sand & Stone Corp.......................................................21 Brennan Consulting...............................................................39 Dennis K. Burke, Inc..............................................................62 C&S Insurance Agency..........................................................24 Concrete Systems, Inc...........................................................48 Core & Main.............................................................................4 Dagle Electrical Construction Corp.......................................32 Darmody, Merlino & Co., LLP................................................13 Dedham Recycled Gravel......................................................51 DeSanctis Insurance Agency, Inc. ........................................15 Dig Safe System, Inc.............................................................58 The Driscoll Agency...............................................................52 EJ...........................................................................................60 Eastern States Insurance Agency, Inc....................................9 Eastpoint Lasers, LLC.................................................. 50 & 60 T. L. Edwards, Inc..................................................................65 Equify Financial.......................................................................2 Ferguson Waterworks............................................................52 Genalco, Inc...........................................................................51 Gorilla Hydraulic Breakers.....................................................65 L. Guerini Group, Inc..............................................................54 Hinckley Allen LLP.................................................................30 Hydrograss Technologies Inc................................................29 Industrial Safety & Rescue....................................................27 JESCO................................................................................... 11 P. J. Keating Company...........................................................22 P. A. Landers, Inc...................................................................46 Lawrence-Lynch Corp............................................................56 Lorusso Corp.........................................................................62 Lorusso Heavy Equipment, LLC..............................................6 MJ-Hammer...........................................................................10 Mass Broken Stone Company.................................................7 Milton CAT...............................................................Back Cover NSI Contracting .....................................................................21 National Trench Safety..........................................................56 Norfolk Power Equipment, Inc...............................................62 North American Crane & Rigging LLC.................................. 14 North East Shoring Equipment, LLC.....................................67 Northland JCB........................................................................64 Ocean State Oil......................................................................45 Palmer Paving Corp...............................................................39 Pawtucket Hot Mix Asphalt....................................................54 E. H. Perkins Construction Co., Inc.......................................68 Podgurski Corp......................................................................64 E. J. Prescott, Inc................................................Ins. Front Cvr. Putnam Pipe Corporation......................................................55 Rain For Rent-New England....................................................8 Read Custom Soils................................................................64 Ritchie Bros. Auctioneers......................................................58 Rodman Ford Sales, Inc........................................................12 Schmidt Equipment, Inc...........................................................1 Scituate Concrete Products Corp..........................................26 Scrap-It, Inc............................................................................59 Shea Concrete Products, Inc. ...............................................42 SITECH New England............................................................38 Starkweather & Shepley Ins. Brokerage, Inc........................28 Sunbelt Rentals......................................................................18 Taylor Oil Company...............................................................66 Tonry Insurance Group, Inc...................................................45 United Concrete Products.....................................................33 United Rentals Trench Safety................................................44 Webster One Source.............................................................60 C. N. Wood Co., Inc. .............................................................34 Woodco Machinery, Inc.........................................................20 Xylem, Inc...............................................................................50

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